140P8525R0004_0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, PWR - SF/SEA MABO

333 Bush Street

Suite 500 San Francisco CA 94104

PPO

tim_modjeski@nps.gov

Timothy Modjeski 3038199916

1x 05/28/2025

140P8525R0004

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

California Sierra National Parks Heating, Ventilation, and Air Conditioning

Indefinite Quantity Contract (IDIQ) Multiple Award Task Order Contract (MATOC)

1. This solicitation is 100% Set Aside for Small business entities. All offerors must be registered at sam.gov as a small business to be eligible for award.

2. Bonding Requirement: Performance and Payment Bonds will be required at the task order level in accordance with FAR 28.102-1.

3. NAICS Code: 238220, small business size standard is $19M.

4. This is NOT a sealed bid solicitation.

5. The contract ordering period will begin at contract award and be valid for 5 years from the date of award.

6. The ceiling for all IDIQ contracts awarded under this solicitation, combined, is

$1.5 million. This $1.5 million ceiling is the aggregate total of all task orders placed over the five-year ordering period. The guaranteed minimum is $20,000.00.

See Solicitation and Attachments for complete details of the requirement.

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

07/01/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DOI, NPS, PWR - SF/SEA MABO

333 Bush Street

Suite 500 San Francisco CA 94104

PPO

Timothy Modjeski

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8525R0004

Delivery Location Code: 0011283372

NPS, Yosemite NP

PO Box 700-W

5083 Foresta Road

El Portal CA 95318 US

00010 California Sierra National Parks HVAC MATOC

Base Year: 09/01/2025 - 08/31/2026

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

00020 California Sierra National Parks HVAC MATOC

Option Year 1: 09/01/2026 - 08/31/2027

(Option Line Item)

Anticipated Exercise Date 09/01/2026

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

00030 California Sierra National Parks HVAC MATOC

Option Year 2: 09/01/2027 - 08/31/2028

(Option Line Item)

Anticipated Exercise Date 09/01/2027

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

00040 California Sierra National Parks HVAC MATOC

Option Year 3: 09/01/2028 - 08/31/2029

(Option Line Item)

Anticipated Exercise Date 09/01/2028

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

00050 California Sierra National Parks HVAC MATOC

Option Year 4: 09/01/2029 - 08/31/2030

(Option Line Item)

Anticipated Exercise Date 09/01/2029

Product/Service Code: Z1JZ

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8525R0004

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

140P8525R0004

B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award

B - Supplies or Services/Prices

See Attachment 01

C - Description/Specifications

See Attachment 02

D - Packaging and Marking

N/A

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

NOTE: Commencement clauses will apply at the task order level, and fill-in data will be provided with each task order.

52.211-12 Liquidated Damages - Construction. (SEP 2000)

52.211-13 Time Extensions. (SEP 2000)

52.236-15 Schedules for Construction Contracts. (APR 1984)

G - Contract Administration Data

52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Office of Small and Disadvantaged Business Utilization (OSDBU) Tiffany Harvey U.S Department of the Interior - Main Interior Bldg/Rm. 2721 1849 C Street, NW, Washington, DC 20240

(202) 513-7541 tiffany_harvey@ios.doi.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

1452.201-70 Authorities and delegations. (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, mailto:tiffany_harvey@ios.doi.gov liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 Release of Claims (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

G.1 CONTRACT REPRESENTATIVE

Contracting Officer (CO) for this contract: Timothy D. Modjeski

Contract Specialist (CS) responsible for administering this contract: Timothy D. Modjeski

National Park Service Contracting Operations West Phone: (303) 819-9916 Email: tim_modjeski@nps.gov

Contracting Officer (CO) Task Order: Will be identified in each task order RFP

Contracting Officer’s Representative (COR) / Site Representative (SR) / Project Inspector (PI): Will be identified in each individual task order.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

The COR will act like as a liaison between the National Park Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor for this base contract.

An appropriate park COR will be appointed for each individual task order. The COR is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

G.3 TECHNICAL DIRECTION

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, “technical direction” is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract;

(c) Shall not constitute a basis for extension of the contract delivery schedule. Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: (1) directly notifies the CO; (2) requests a formal contract modification; and (3) receives written authorization to proceed from the CO.

G.4 JOB SITE ADMINISTRATION

The Government will designate a COR / SR / PI who will be available at the site to inspect the work as it progresses. The COR / CR / SR will prepare an Inspector’s Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, The Contractor’s Superintendent, as defined below, shall contact the COR / SR / PI, review the daily log, and sign as the Contractor’s representative. Unless the Contractor’s Superintendent makes a contrary notation on the daily log, the log shall be presumed to be accurate. The SR / PI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent Superintendent (hereinafter referred to as the “Contractor’s Superintendent”) who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulations (FAR) Clause 52.236-6.)

G.5 NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (DEC 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

https://www.cpars.gov/

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date).

The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice)

G.6 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

PLATFORM (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Required invoice attachments will be identified at the task order level

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through IPP.

1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)

3. Completed copy of the Limitations on Subcontracting Report

4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts

5. A copy of the current construction schedule (refer to project specification section 013216)

6. A copy of the current Schedule of Values. (refer to project specification section 013216)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

H - Special Contract Requirements

H.1 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands.

ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Local Clause)

H.2 FIRE DANGER SEASON

If the COR for any task order allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.3 EXTENT OF OBLIGATION

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a task order, change order or contract modification by the Contracting Officer. The funded amount is stated as the “Total.”

H.4 WORK BY THE GOVERNMENT

The government reserves the right to undertake performance for any task order by government forces or other contractors, the same type or similar work as contracted for herein, as the government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

H.5 COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

Subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force). The Contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.

H.6 KEY PERSONNEL (WILL BE COMPLETED WITH AWARD)

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager: ________________________________________________________________________

Job-site Superintendent: __________________________________________________________________

Quality Control Manager: _________________________________________________________________

Safety Manager: ________________________________________________________________________

(b) During the first 60 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 60-day period, the Contractor shall submit the information required by paragraph (c)to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

ALTERNATE 1: (To be determined on each Task Order)

Substitute the following paragraph when the project start-up period is especially critical or sensitive:

During the first 180 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events. After the initial 180 days, the Contractor must notify the Contracting Officer prior to any changes in key personnel.

In all cases, the Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions.

The list of key personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties.

(End of clause)

H.7 UTILITY SERVICES

a. In accordance with FAR 52.236-14, Availability and Use of Utility Services, utility services required on the job site for accomplishment of the work will be furnished at no additional cost to the contractor. The Government will make no connections or alterations to the existing utility facilities for accomplishment of this work. Any change required by the contractor will be at his own expense and at no additional cost to the Government.

The following utility services will be made available: to be identified at task order level. [OR]

b. The following utility services will not be provided by the Government. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. Electricity and Water.

H.8 EXPENSES RELATED TO OFFERS

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal, in making necessary studies for the preparation thereof, or to acquire or contract for any services.

Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that your bid/proposal/quote will become part of the official file on this matter without obligation to the Government.

H.9 SPECIAL MATOC CONTRACT REQUIREMENTS

1. MINIMUM GUARANTEE/TASK ORDER RFP PARTICIPATION

a. Minimum Guarantee. When the Government requires services covered by this contract in an amount less than $2,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract (reference FAR 52.216-19). A minimum guarantee, for $20,000 per contract, creates a binding contractual agreement. The Contractor and Government agree that the minimum guarantee is adequate financial consideration to establish binding IDIQ contracts for the purposes intended by this solicitation.

b. The minimum guarantee will be issued via task order in conjunction with the main IDIQ contracts.

Award of the first task order meeting or exceeding the minimum guarantee to individual contract awardees fulfills the minimum guarantee requirement. After the award of the first task order to an individual contract awardee, a modification will be issued to their minimum guarantee task order to administratively remove the funds and closeout the task order. A copy of the modification will be provided to the contractor

NOTE: This is not a requirements contract.

2. ORDERING PROCEDURES:

a. Ordering procedures will follow FAR 16.505, Ordering.

b. Requests for Quotation/Proposals (RFQ/RFP): When the Government requires work under the MATOC, an RFQ or RFP will be issued (see sample, Attachment 2), as appropriate. Projects issued/ordered will be of varying size and complexity. Examples include, but are not limited to, projects that contain complete plans and specifications for all elements of work; to projects with limited specifications and or sketches. Project requirements may require efforts that may result in properly documented as-built drawings. The request will include information such as a statement of work, specifications, drawings, attachments, information pertaining to a site visit; evaluation criteria, and any other requirements for submission (e.g. proposal requirements, brand name or equal, price schedule, etc.). Performance and payment bonds shall be required for task orders in accordance with performance and payment bonds and alternative payment protections for construction contracts (see FAR 52.228-15 and 52.228-13), and shall be provided within 10 days of contract award. The basis for award of each task order will be stated in the RFQ/RFP.

c. Task Order competition. Task Orders will be issued in accordance with 16.505(b).

(1) The Contracting Officer may consider such factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders. To satisfy the contracting agency’s Small Business Administration contracting goals/targets, the Contracting

Officer may, in accordance with FAR 16.505(b)(2)(i)(F), consider further set asides within the awardee pool for socio-economic concerns to include, but not limited to, HUBZone, Service Disabled Veteran Owned Small Businesses, and Economically Disadvantaged Woman Owned Small Businesses.

(2) MATOC contractors should submit an offer on all projects offered by submitting a quote/proposal to the Contracting Officer in accordance with requirements stated in the Task Order RFQ/RFP. In the event a contractor is unable to submit an offer in response to an RFQ/RFP, the contractor shall notify the contracting officer of his/her intent to not compete by completing and returning the attached “Will Not Compete” form (Attachment 3) (or provide the same information via email) to the contracting officer. On this form, the contractor shall specify the reason for not competing. The contracting officer will notify the contractor when their record indicates an unacceptable number of RFPs to which the contractor does not respond, which will be at 25% of all TO RFPs/RFPs issued. Failure to address and correct this could result in contractual remedies including, but not limited to, negative performance evaluation, off-ramping, and/or termination for default.

d. Site Visits: Offeror’s attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government.

In some cases walk- throughs may be determined mandatory in order for a contractor to submit a proposal. Such a requirement will be stated in the Task Order RFQ/RFP. Failure to attend a walk-through may not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor's eligibility to participate in future task orders. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs. The site visit is normally scheduled within two weeks from issuance of the Task Order RFQ/RFP but may be scheduled as few as two days after Task Order RFQ/RFP in emergencies or for end-of-fiscal year requirements.

e. Proposal Contents. Depending upon the requirements of each task order, the Contractor will typically provide a price proposal and any technical documents or narratives in response to an RFQ/RFP. Contractors shall respond within the number of calendar days stated in the RFQ/RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the

RFQ/RFP.

f. Contract Prices—Proposal Pricing Schedules. The Government's payment for the items listed in the Pricing Schedules of individual task orders will constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, services, appliances, and materials; and (2) performing all operations required to complete the work in conformity with the drawings and specifications. The Contractor shall include in the prices for the items listed in the pricing schedule, all costs for work in the specifications, whether or not specifically listed in the pricing schedule. This includes all taxes as applicable under FAR 52.229-3, Federal, State, and Local Taxes, including Tribal Employment Rights Ordinance (TERO) Taxes where applicable.

g. Proposals and Final Proposal Revisions. If an alternate is proposed to the work as specified in the solicitation it must also be priced. All proposed alternates shall be specifically addressed and expanded upon in proposal submissions to include separate pricing information.

h. Evaluation Method and Procedures. Price will be the common evaluation method for most RFQ/RFP. However, the Contracting Officer, in making decisions in award of any individual task order, may consider factors such as those listed in FAR 16.505 (b)(1), to include Past Performance, quality, timeliness, or other factors that the Contracting Officer determines to be relevant to award of a particular Task Order. The primary non-cost factors and price factors will vary depending on the unique requirements for each Task Order. The Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFQ/RFP will describe the criteria to be utilized in evaluating Task Order proposals. Price, quality and timely performance by a MATOC contractor is very important. Failure to prosecute work diligently and effectively, on a current or previously awarded task order, will be sufficient data for the Contracting Officer to consider for a Task Order past performance evaluation.

i. Award Decision. Whenever possible, award will be made without discussions. If discussions are required, each interested MATOC contractor, with a reasonable chance of award, will be requested to provide a final proposal revision. Task order award will be made based the best value to the Government as described in the RFQ/RFP. The award will be a firm fixed-priced task order with a specific completion date or performance period. When options are included in the schedule, the task order will specify the number of days after award for exercising the options.

j. Task Order Issuance. Task orders will be issued on the Standard Form 1442 or the Optional Form

347. Task orders shall be prepared using the uniform contract format outlined in Table 1436-1, and per DIAR 1452.270-2(b). Orders may be distributed via mail, facsimile, or electronic means. The Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds, if applicable, and any other required administrative submittals. Only a Contracting Officer of National Park Service CONOPS West, or as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the MATOC contracts within the individual’s warrant levels. The appropriate issuing, administration, and payment offices will be cited on each task order. A copy of each task order, and modifications issued by offices/agencies outside the issuing office, shall be provided to the issuing contracting office at time of execution. Contracting Officer will include all clauses and provisions identified on the MATOC RFP as being applied as applicable at the TO level to the TO RFP letter in the field for Additional and Revised Clauses and Provisions. CO will complete all fills in the blanks on clauses and provisions added to the TO RFP Letter.

3. GENERAL WAGE DECISIONS.

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on projects covered by the task orders issued under this contract.

Applicable Wage Rate Requirements (Construction) statute, previously known as the Davis Bacon Act, requires that the applicable wage determination, with the decision number and date, will be identified for all task orders issued under this contract current as of the time of award of the task order. The Contractor must furnish copies of payrolls to the CO, weekly, seven (7) days after close of payroll period.

4. VALUE ENGINEERING CHANGE PROPOSALS

a. In reference to Contract Clause 52.248-3 Value Engineering--Construction, shall be submitted in the format described in FAR 52.248-3(c).

5. MODIFICATION PROPOSALS-PRICE BREAKDOWN

The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any proposal for a contract modification. The price breakdown:

b. Must include sufficient detail of all costs for—

(1) Material;

(2) Labor;

(3) Equipment;

(4) Subcontracts; and

(5) Applicable modification rate identified in the price schedule

c. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

d. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. The pricing of any rates and/or profit which are found in the contractual bid schedule shall be equal to or less than those in the modification proposal.

e. The Contractor's proposal shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

f. The pricing of any rates and/or profit which are found in the contractual bid schedule shall be equal to or less than those in the modification proposal.

6. NON-PERFORMANCE AND TERMINATIONS

While it is the Government’s intent to maintain a strategic relationship with IDIQ contractors for the duration of the contracts, the Government may apply any appropriate contractual remedy including termination prior to the completion of the five-year ordering period to address poor performance or failure to comply with a contractual requirement.

The Government intends to review annually, at the anniversary date of the contract award, the overall performance of the IDIQ contract holders. Poor performance includes, but is not limited to the following:

• Consistently not responding to Requests for Quote/Proposals without sufficient justification.

• Failure to meet task order completion dates

• Failure to comply with contract subcontracting limitations, and to submit timely reporting requirements such as the Limitations on Subcontracting Report

• Overall performance assessment rating of Marginal or Unsatisfactory in the Contractor Performance Assessment Reporting System (CPARS)

• Unresponsiveness to warranty work

• Failure to provide responsive customer service

• Onsite safety violations

H.10 SPECIAL CONTRACTOR REQUIREMENTS

Working in a Federal building or Federally controlled indoor workspaces:

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/.

I - Contract Clauses

52.202-1 Definitions. (JUN 2020)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) - Alternate I (NOV 2021)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021)

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (DEC 2023)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)

52.204-28 Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

52.209-6 Protecting the Government's Interest When Subcontracting With…